How to resolve trademark disputes according to law
Article 60: There are infringement registrations listed in Article 57 of this Law If a dispute arises from one of the trademark exclusive activities, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture infringing goods, and forge registration For tools marked with trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the "Civil Procedure Law of the People's Republic of China" File a lawsuit with the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Trademark similarity has long troubled businesses and consumers. Correctly judging similar trademarks and rationally resolving similar trademark disputes in accordance with the law will not only help safeguard the exclusive rights of enterprises to register trademarks and protect the legitimate rights and interests of enterprises and consumers, but also help promote the implementation of enterprise trademark and brand strategies and promote the soundness and prosperity of the national economy. Develop quickly.
I would also like to say that companies on both sides of the dispute must always keep in mind that "integrity is the basis". Whether it is building a brand or resolving disputes, if a company loses its integrity, deliberately imitates others, and harms the interests of others, it will eventually reap the consequences.
